Section 1 Short title
This Act may be cited as the “Accountability for NYCHA Act of 2023”.
Accountability for NYCHA Act of 2023
A BILL
To require the Inspector General of the Department of Housing and Urban Development to provide a report to the Congress on the non-compliance of the New York City Housing Authority, and for other purposes.
Sec. 2 Congressional findings
The Congress finds that—
the New York City Housing Authority (in this Act referred to as the “Authority”) is the largest housing authority in the United States, providing housing for over 520,000 residents in over 177,000 apartments in the City of New York (in this Act referred to as the “City”);
the Authority is a public housing agency that receives Federal financial assistance from the Department of Housing and Urban Development (in this Act referred to as the “Department”) to administer its public housing program;
the Authority is required to, among other things, provide decent, safe, and sanitary housing for the public housing residents of the City and comply with Federal law protecting children from the hazards of lead poisoning;
on June 11, 2018, the United States filed a complaint in the United States District Court for the Southern District of New York (in this Act referred to as the “Complaint”); which set forth the findings of the United States investigation, alleging, among other things, that the Authority had—
routinely failed to comply with lead-based paint safety regulations;
failed to provide decent, safe, and sanitary housing, including with respect to the provision of heat and elevators and the control and treatment of mold and pests; and
repeatedly misled the Department through false statements and deceptive practices;
in a Consent Decree executed June 11, 2018, the Authority made admissions regarding, among other things, deficiencies in physical conditions with respect to lead, mold, heating, elevators and pests and made untrue statements to the Department regarding the conditions of the Authority’s properties and practices with regard to Public Housing Assessment System inspections;
based on the Authority’s misconduct as detailed in the Complaint, on January 31, 2019, the Secretary of Housing and Urban Development (in this Act referred to as the “Secretary”) declared that the Authority is in substantial default within the meaning of section 6(j)(3)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)(3)(A));
the Department did not take possession of the Authority or appoint a receiver, but instead entered into a voluntary agreement between the Authority, the Department, and the City on January 31, 2019, under which the Authority agreed to remedy noted deficiencies subject to the oversight of a Monitor appointed by the City;
as of the date of the enactment of this Act, the Authority has still fully not complied with the agreement, including the remedying of deficiencies or compliance with its obligations under Federal law;
the Department and the United States Attorney’s Office for the Southern District of New York have sought to extend the term of a Monitor over the Authority for an additional five years beginning in 2024;
the residents of housing provided by the Authority should not be required to wait five additional years for the Authority to provide decent, safe, and sanitary housing conditions, as is the Authority’s most basic and necessary function under the law; and
the Congress believes that it must provide additional oversight over the Authority, the Department, the City, and the Monitor in order to compel the Authority to fix the appalling conditions and other issues that lead to a declaration of substantial default under section 6(j)(3)(A) of the United States Housing Act of 1937.
Sec. 3 Investigation and report to Congress
Investigation— The Inspector General of the Department of Housing and Urban Development shall conduct an investigation of the Authority, which shall include at a minimum—
determining the status of the New York City Housing Authority’s compliance with the agreement entered into between the Authority, the Department, and the City on January 31, 2019, including specific areas of deficiency and progress towards compliance;
conducting a review of actions taken by the Monitor over the Authority pursuant to such Agreement, including any gaps in oversight by the Monitor;
conducting a survey of the physical conditions of housing provided by the Authority for the City’s residents;
conducting an examination of any waste, fraud, abuse and violations of Federal law committed by employees or contractors of the Authority; and
identifying other priority issues and areas, as deemed necessary and appropriate by the Inspector General.
Report— Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Inspector General shall provide to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report setting forth the findings of its investigation, a summary of actions the Department may take to compel the Authority to remedy deficiencies, and any other recommendations of the Inspector General.